Las Cruces man sentenced to 80 months for illegally possessing unregistered short-barreled rifle
Update (November 12, 2024): A federal court sentenced Trevino to 80 months in prison for illegally possessing firearms and ammunition while under felony indictment, including an unregistered short-barreled rifle.
Court documents state the Trevino was indicted on November 12, 2020 in Texas on felony charges of theft of property, fraud, and possession of a controlled substance. Trevino pleaded guilty to those felony charges on January 31, 2022. The judge gave him deferred adjudication probation for five years instead of entering a judgement at that time.
"Under Texas law, deferred adjudication allows a defendant to accept responsibility for a crime without an immediate conviction," federal prosecutors in New Mexico explained today. "If the defendant successfully completes the terms of probation, the case is dismissed without a conviction on their record."
Trevino then allegedly obtained firearms that had previously been seized by police and bought ammunition in New Mexico on July 22, 2022.
Dona Ana County Sheriff's deputies executed a search warrant connected to a homicide investigation on September 2, 2022 at a home in Mesilla Park, New Mexico. That is when deputies found an unregistered short-barrel rifle in Trevino's bedroom. Federal prosecutors say that Trevino was then convicted on April 24, 2024 of the new firearm and ammunition charges.
EL PASO, Texas (KVIA) -- A Las Cruces man, 32-year-old Delbert Tyler Trevino, has been found guilty by a federal jury of possessing an unregistered short-barreled AR-15, and illegally receiving ammunition while under indictment.
Court documents say the Doña Ana County Sheriff's Office issued a search warrant for Trevino's home in connection to a homicide investigation on September 2, 2022. Authorities recovered the short-barreled rifle from the home Trevino was residing at the time. Documents say the rifle was not registered  in the National Firearms Registration and Transfer Record.
Prior to possessing the unregistered rifle, Trevino was under indictment for three felonies in El Paso. Authorities say Trevino illegally purchased 5.56mm and 9mm ammunition from Sportsman’s Warehouse in Las Cruces two different times. 9mm casings were also found in the home and Trevino's truck during the September 2, 2022 search warrant execution.
The Court ordered Trevino to remain in detention pending sentencing, which has not been scheduled. Trevino faces up to 10 years in prison for the rifle charge, and up to 5 years for the illegal possession of ammunition. Trevino may have the chance to have up to 3 years of supervised release after his imprisonment. Trevino does not have the chance for parole because parole is not offered in the federal system.
